Milburn-Stoddard Co. v. Stickney
North Dakota Supreme Court
Appeal from District Court, Eddy county; Glaspell, J. Action -by the Milburn-Stoddard Company against C. J. Stickney. Judgment for plaintiff, and defendant appeals Clerk can satisfy a judgment only as provided by section 5497, subdivisions 1 and 2, Rev. Codes 1899, and chapter 112, Laws of 1901. Payment of a judgment must be made to the judgment creditor, his agent or attorney.
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Appeal from District Court, Eddy county; Glaspell, J. Action -by the Milburn-Stoddard Company against C. J. Stickney. Judgment for plaintiff, and defendant appeals Clerk can satisfy a judgment only as provided by section 5497, subdivisions 1 and 2, Rev. Codes 1899, and chapter 112, Laws of 1901. Payment of a judgment must be made to the judgment creditor, his agent or attorney. Freeman on Judgments (3d Ed.) section 462. It is not the clerk’s duty to receive money in payment of judgments. If he does, his bondsmen are not liable if he appropriates it. He is not the agent of litigants, and his…
1Opinion of the CourtMorgan, C. J.
A preliminary motion was made in this case to strike out the abstract, or to dismiss the appeal and affirm the judgment. We find none of the grounds of the motion tenable. One of them is based upon the supposition that the rules of this court applicable to appeals under section 5630, Rev. Codes 1899, have not been complied with. But, as the appeal is not made under that section, and the proceeding was not tried under that section, the contention must necessarily fail.
It is further alleged that defendant has not shown such interest in the subject-matter of the cause as will sustain an appeal…
2Cases cited5 opinions
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- Custer v. AgnewIllinois Supreme Court · 1876
- Irwin v. McKeeSupreme Court of Georgia · 1858
- Governor v. ReadSupreme Court of Alabama · 1862
- Hawkeye Insurance v. LuckowSupreme Court of Iowa · 1888
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- Lee v. DolanNorth Dakota Supreme Court · 1916